A MIX-UP HARMS RARE …..

[Anonymous]

River dig mix-up harms rare mussels
They
should have been safe – they were protected by local and European
legislation.But it did not stop a digger ripping up the bed of the
Upper Ballinderry River near Cookstown.Following the excavation, 10% of
the protected and endangered freshwater pearl mussels are thought to
have perished.It has not been proved yet why the mussels died after the
digging, but scientists fear they were probably suffocated under the
clouds of silt that were released.The protection for the river as a
Special Area of Conservation was specifically because of its rare
mussels and its growing family of otters who have made it their
home.But when researchers surveyed the river a few days ago, they
discovered hundreds of dead mussel shells.They traced these up-stream
to the site of the excavation where a water pipe had been laid across
the river bed.Above the dig, the mussels seemed undamaged and healthy.
This is one of the reasons why the finger is being pointed at the
digging as the causeNow the question being asked is why a digger was
allowed to work on a protected river bed.It is especially embarrassing
for the Department of Regional Development (DRD) Water Service, which
had contracted out the work.They told the BBC that they had sent a
“retrospective application for permission to cross the river to the
Environment and Heritage Service, setting out the working methods that
were employed on the actual crossing”.

It
appears that this is just another example to add to the pile of poor
environmental governance in Northern Ireland Alex McGarelWorld Wildlife
Fund

In other words, they dug the river up first and then
asked if that was OK afterwards.But the BBC has learnt that another
government department has a very different story to tell.The Department
of Environment (DoE) is charged with policing the environment,
including its rivers.It had advised the Water Service that, as the site
was protected, they could not lay the pipe across the river bed.
Instead, the “pipe must be laid under the river bed using underground
techniques”.But it turns out the Water Service ignored this advice,
saying that it was “impracticable”.However, the DoE has pointed out to
them that this was not a decision they could take under the relevant
legislation. The site was protected from all such damage, including
that by government agencies.The whole event has angered
environmentalists, especially the World Wildlife Fund (WWF).It has been
carrying out a long-term project on the river to keep it in good shape
because of its protected status. The group said they were “horrified”
that it had happened.WWF NI Freshwater Policy Officer Alex McGarel
said: “It appears that this is just another example to add to the pile
of poor environmental governance in Northern Ireland.”Again and again,
we see government so tied up in its own regulatory knots that it’s
incapable of doing its job of protecting the environment.”Despite
efforts by scientists and environmentalists, no new mussels are growing
in the river.The youngest ones are already 20 years old. The mature
mussels are over 150 years old. Many of these died in just a few hours.
Ultimately the population is dwindling.Particularly frustrating for
people like Mr McGarel is the lack of comeback on any one group.The DRD
Water Service, a government agency, enjoys Crown Immunity and cannot be
prosecuted.

‘Polluter pays’
However,
this position does not sit well with the European Commission.If it
turns out that the Water Service has damaged a Special Area of
Conservation and Area of Special Scientific Interest (ASSI) and get
away with it, then the UK government could find itself in the European
courts to explain why the ‘polluter pays’ principle is not being
properly applied in Northern Ireland.More immediately, the Water
Service has to explain why it deliberately broke the rules and dug up
an ASSI, knowing it had been told not to by its sister department.And
there will be plenty of environmentalists waiting to hear the answe

[Author]

August 4, 2006 at 12:42 PM